Child Molestation Attorney in Dayton

Gross Sexual Imposition Defense in Dayton. Real Results in Sex Crime Cases.

In Ohio, what most people call child molestation is charged under a specific statute: Gross Sexual Imposition (GSI) under ORC 2907.05. A conviction can mean felony prison time, fines up to $10,000, and placement on Ohio’s sex offender registry for 25 years or more. We defend individuals facing these charges in Dayton and throughout Montgomery County, and we’re available around the clock when an accusation arrives.

Travis Kane graduated from the University of Dayton School of Law and has practiced criminal defense here since 2011. He holds a Top 100 Trial Lawyer designation and is listed among the Best Criminal Defense Attorneys in Dayton by Expertise.com. When a former client’s son faced a sexual assault charge, Travis took the case to trial, and the jury returned not guilty on all counts.

Facing a child molestation investigation or charge in Dayton? Call Kane Law now at (937) 887-4700 for a free, confidential consultation. We offer same-day appointments and represent clients in English and Spanish.

What Ohio Actually Charges: Gross Sexual Imposition Under ORC 2907.05

Ohio’s criminal code doesn’t use the phrase “child molestation” as a named offense. The operative charge is Gross Sexual Imposition under ORC 2907.05, which prohibits sexual contact, defined under ORC 2907.01(B) as touching of an erogenous zone for the purpose of sexual arousal or gratification. An incidental or accidental touch doesn’t meet that definition, and that distinction matters for defense.

GSI differs from rape (ORC 2907.02) in a legally significant way: rape requires sexual conduct involving penetration, while GSI requires only sexual contact without penetration. That distinction affects applicable penalties, the sex offender registry tier, and which defense strategies apply. Related charges prosecutors sometimes file alongside GSI include sexual battery (ORC 2907.03) and unlawful sexual conduct with a minor (ORC 2907.04).

Five circumstances can give rise to a GSI charge under ORC 2907.05(A):

• Force or threat of force against the other person
• Drug or intoxicant impairment administered surreptitiously or by force
• Known impairment from a substance taken for medical or dental purposes
• Victim under age 13, regardless of apparent consent
• Known substantial impairment due to the victim’s mental or physical condition or advanced age

A separate provision under ORC 2907.05(B) criminalizes knowingly touching the genitalia of a child under 12 with specific abusive or sexual intent and carries the most serious registry consequences.

Penalties & Ohio Sex Offender Registry Tiers

The degree of the charge and the length of registry exposure depend heavily on the victim’s age and the specific circumstances alleged.

Prison & Fines

GSI under ORC 2907.05(A)(1), (2), (3), or (5) is a fourth-degree felony carrying up to 18 months in prison and fines up to $5,000. Prison isn’t mandatory for first-time offenders; community control (probation) may be available depending on sentencing criteria under ORC 2929.13.

GSI under ORC 2907.05(A)(4), where the alleged victim is under 13, is a third-degree felony with a presumption of prison. Sentences range from 1 to 5 years, with fines up to $10,000. Mandatory prison applies when the offender has a prior conviction involving a similarly situated young victim.

Registry Tiers & Duration

Ohio’s three-tier sex offender registry assigns registration obligations based on offense severity:

• Tier I (GSI under A)(1)–(3) and (5)): annual registration for 15 years for adults
• Tier II (GSI under A)(4), victim under 13): registration every 180 days for 25 years for adults
• Tier III (GSI under B) and most serious offenses): lifetime registration with in-person reporting every 90 days to the Montgomery County Sheriff

All registrants appear in the public Ohio eSORN database and must report address and employment changes to law enforcement. Ohio Revised Code Section 2950.034 prohibits registered sex offenders from living within 1,000 feet of a school or daycare center, and failure to register is itself a separate felony. A conviction can also mean permanent loss of firearm rights, bars from licensed professions, housing restrictions, and immigration consequences for non-citizens.

How Child Molestation Investigations Work in Dayton

Most investigations begin with a report to law enforcement or child protective services. Doctors, teachers, and therapists are mandatory reporters of suspected child sex abuse in Ohio. Once a report is filed, Dayton Police Department detectives and the Montgomery County Sheriff’s office work closely with prosecutors. In cases involving digital evidence, the Ohio Attorney General’s Crimes Against Children Unit and BCI may also be involved.

Investigators typically seek to interview the accused early in the process. You have the constitutional right to remain silent and to have an attorney present before and during any questioning, and anything you say can be used to build the prosecution’s case. We advise clients on how to respond to law enforcement contact and handle communications with investigators directly on their behalf.

Evidence in these investigations can include victim and witness statements, DNA and forensic results, digital communications, device forensics, medical records, and toxicology results. Search warrants for homes, vehicles, workplaces, or devices are common, and evidence gathered through an unlawful search may be challenged and potentially suppressed. If charges result, the felony case proceeds through arraignment at Montgomery County Common Pleas Court, a bail hearing, discovery, pretrial motions, and potentially a jury trial after grand jury indictment. Pre-charge involvement by defense counsel, before indictment, can sometimes affect how prosecutors evaluate the strength of their case.

Defense Strategies in Ohio Child Molestation Cases

To convict under ORC 2907.05, the prosecution must prove both that prohibited sexual contact occurred and that it occurred for the purpose of sexual arousal or gratification, each element beyond a reasonable doubt. That burden creates multiple points of challenge.

Depending on the facts, defense strategies in GSI cases may include:

• Challenging sexual purpose: demonstrating the alleged contact was incidental or had no sexual purpose
• Credibility of the accuser: examining inconsistencies in statements, interview methodology, and motive to fabricate
• Alibi: establishing the accused wasn’t present when the alleged contact occurred
• Constitutional challenges: suppressing evidence obtained through unlawful search and seizure, Fourth Amendment violations during device searches, or failure to provide Miranda warnings
• Child testimony review: analyzing disclosure circumstances and whether leading interview techniques affected the account
• Charge reduction through negotiation: in some cases, a charge reduced below a GSI threshold can lower registry tier and eliminate mandatory prison exposure

We work with local investigators and collaborate with expert witnesses to counter the prosecution’s forensic and digital evidence. Our involvement begins at first contact, before charges are formally filed, because early intervention in Montgomery County cases can shape what prosecutors decide to pursue.

Why Dayton Clients Facing GSI Charges Work with Travis Kane

Travis Kane has practiced criminal defense in Dayton since 2011, earning membership in the National Association of Criminal Defense Lawyers and the Ohio Association of Criminal Defense Lawyers, along with a Top 40 Under 40 Trial Lawyers designation. That time in local courts means direct familiarity with Montgomery County prosecutors, courtroom procedures, and how felony sex crime cases move through arraignment, discovery, and trial.

Our case results reflect that experience. We secured a No Jail Time outcome on a case charged as Attempted Rape, Felonious Assault, and Gross Sexual Imposition. A former client whose son faced a sexual assault charge at trial wrote that Travis “got the jury to say not guilty on all counts.” Past results don’t guarantee future outcomes, but documented trial performance in sex crime cases is a concrete measure of capability.

We offer consultations and representation in English and Spanish, and when you contact us, you reach a firm that knows this courthouse and has handled these charges.

Get a Free Consultation with a Dayton Child Molestation Lawyer Today

A GSI charge moves quickly once law enforcement is involved. The decisions made in the first days of an investigation, including whether to speak to detectives, can shape everything that follows. Contact Kane Law now for a free, confidential consultation and immediate guidance on your next steps.

Call (937) 887-4700 now to speak with a child molestation attorney serving Dayton and Montgomery County.